Fullerton Special Needs Planning Attorneys
Ensuring a Bright Future for Your Loved One in Fullerton, CA and Bellevue, WA
Planning for someone with a mental or physical disability can be a daunting task, but OC Elder Law is here to guide you through the process. We’ll inform you of your rights and options and help you make informed decisions that benefit your loved one.
Commonly Asked Questions
What is special needs planning?
Special needs planning is the process of creating a comprehensive plan to ensure the financial security and well-being of an individual with disabilities.
Why is special needs planning important?
Special needs planning is important because it allows individuals with disabilities to maintain their eligibility for public benefits while also protecting their financial future.
How can special needs planning protect my child's inheritance?
Special needs planning can establish a trust to hold and manage your child's inheritance, ensuring that they can enjoy the assets while still maintaining eligibility for public benefits.
How can OC Elder Law help with special needs planning?
OC Elder Law can provide guidance and assistance in creating a personalized special needs plan that protects your loved one's financial future, ensures their eligibility for public benefits, and addresses their unique needs and circumstances.
If you are planning for your minor child with a disability, there are a few key points you should keep in mind.
We want to ensure your child does not lose any public benefits they may be receiving when they eventually inherit from you. Many public benefits are called “needs-based” benefits, which means they consider your assets to determine whether you qualify. An inheritance can become an asset and subsequently alter or eliminate your child’s benefits.
Benefits that we discuss and plan for include:
- Social Security Disability (SSD/SSDI)
- Supplemental Security Income (SSI)
- Medi-Cal or Medicaid
- Benefits through the Regional Center
We want to ensure that your child has the right people looking after their healthcare needs when you can no longer do so. Planning for the right person to assist with your child’s healthcare needs is critical.
We want to ensure your child is financially secure and not solely reliant on public benefits. We can protect your legacy so that your child can enjoy all that you have worked for while also maintaining important public benefits such as SSI and Medi-Cal. We also want to ensure that the right individual is chosen to guard your child’s inheritance so that they can maintain stability throughout their life.
If you are planning for your adult child, public benefits, healthcare, and finances should all be addressed. We can also project the amount of money needed to protect your child, determine their workforce capability with better certainty, and determine whether they are receiving the appropriate benefits.
Some adults with mental disabilities may still be able to decide who makes financial decisions for them if they cannot (through a power of attorney) and who makes medical decisions if they cannot (through a healthcare power of attorney). Our special needs planning lawyers in Fullerton and Bellevue can administer specific legal tests to determine if an adult can effectively plan for their own needs.
However, sometimes an adult is not able to plan for themselves. If this is the case, then a conservatorship may be necessary. A conservatorship is a court proceeding where a judge determines who should make medical and/or financial decisions for an individual who cannot make decisions for themselves.
After talking to you and the individual who needs planning, OC Elder Law can help you take advantage of the right planning opportunities to ensure that your loved one is taken care of and able to maintain a respectable quality of life.
Serving All of Orange County
The Fullerton and Bellevue special needs planning attorneys at OC Law Firm offer not only decades of legal experience but client-focused care and compassion. Taking the time to understand each case and situation fully, we maintain an unyielding commitment to you and your family.
Special needs planning can be stressful and worrisome. Our attorneys are aware of this emotional toll and are here to provide support and honest advice each step of the way.
Work with compassionate and experienced estate planning and elder law attorneys who will help you plan for the unknown and protect you and your loved ones.
Marty Burbank Attorney
Over Three Decades of Experience & Service the Community
Home Visits Available for Those Who Are Unable to Travel
Services Available in Spanish & Korean
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